Wickremeratne v Van de Merwe (No 2) [2021] NSWCATAP 323

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wickremeratne v Van de Merwe (No 2) [2021] NSWCATAP 323 Hearing dates: On the papers Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member M Gracie, Senior Member Decision: (1) A hearing is dispensed with. (2) The respondent is to pay the appellant's costs of $301.46 within 14 days of the publication of these reasons. Catchwords: COSTS – no question of principle Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) – s 50(2), 60 Cases Cited: Flat Glass Industries Ltd v MCS Builders Pty Ltd [2015] NSWCATAP 148 Texts Cited: None Category: Costs Parties: Savithri Stella Wickremeratne (Appellant) Ina Van der Merwe (Respondent) Representation: Solicitors: Appellant (Self Represented) Meridian Lawyers (Respondent) File Number(s): 2021/00056017 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 9 October 2020 Before: J Searson, General Member File Number(s): GEN 20/25533

REASONS FOR DECISION

Introduction 1. These reasons deal with an application for costs. 2. The background to this application appears in our reasons for decision Wickremeratne v Dr Ina Van der Merwe t/as Balgowlah Family Practice [2021] NSWCATAP 161. 3. We upheld the Appellant's appeal and remitted the whole of the proceedings to a differently constituted Tribunal for a new hearing and redetermination of the Appellant's application in accordance with the evidence previously adduced to the Tribunal, the new evidence allowed in the appeal and such further evidence as the Tribunal may allow. 4. We gave directions for the filing of submissions in the event that the Appellant sought an order for costs. We also indicated that those submissions should indicate whether or not the respective party opposed us dealing with the application for costs "on the papers" and without a hearing. 5. Neither party opposed that course, so pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) we order that a hearing be dispensed with as we are satisfied that the issues for determination can be adequately determined in the absence of the parties by considering any written submissions provided to the Appeal Panel.